Sec. 4. Grants to States for child abuse or neglect prevention and treatment programs
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Section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended— in paragraph (2)— in subparagraph (B), by striking
(B)an assurance and all that follows through the end of clause (i), and inserting the following: an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes— provisions or procedures for an individual described in paragraph
(5)to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6); ; in subparagraph (F), by striking ; and and inserting ; ; in subparagraph (G), by striking the period at the end and inserting ; ; and by inserting after subparagraph
(G)the following: an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph
(B)and relevant law enforcement and State or community-based victims’ services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; an assurance that the State will— take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation; and an assurance that the State has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures— were developed in consultation with the State Domestic Violence Coalition (as defined in section 302 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10402 )) or other entity eligible for funds under section 311 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10411 ); and include training and practice requirements for investigators of child abuse where domestic violence is also present. ; and by adding at the end the following: To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. Peace officers and law enforcement personnel. Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. Day care and child care operators and employees. Employees of social services agencies who have direct contact with children in the course of employment. Foster parents. Court appointed special advocates (employees and volunteers). Camp and after-school employees. An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. Other individuals, as the applicable State law or statewide program may require. To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer. .
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Sec. 4
Grants to States for child abuse or neglect prevention and treatment programs
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